Nigeria. In the majority of cultural norms, the hallmarks of gender relations
are male domination and superiority over women. In such a setting, given
the unequal power relations, women are often more disadvantaged than
men, and their rights more prone to abuse.
124
356.
Access to justice for women is difficult, and more so in the rural areas.
The CRM learnt that regarding marriage, child maintenance and divorce
disputes, women find that customary law courts and Sharia courts dispense
justice more swiftly, as they have fewer technical procedures and are more
affordable. In some states visited in the north, female participants decried
the view that Sharia is oppressive. They held that Sharia has a fair and
just moral ethic and pointed out that it is cultural practices that have been
used to oppress them.
357.
Early marriages have affected the enrolment and retention of women in
the education sector. While the Child Rights Act sets the marriage age at
18 years, the constitution is equivocal in this regard, stating, on the one
hand, that full age means 18 years and, on the other, that any married
woman is deemed to be of full age. In the north and other areas where
the marriage of girls soon after attaining puberty is deemed lawful, girls
are married before they attain the age of 18. In addition, these early-child
marriages lead to health problems for very young mothers. Incidences of
forced marriages were also reported as being common, which is a violation
of the right of women to marry with their free and full consent.
358.
In some regions, women inherit property (including land) on the same
basis as men. However, it was reported by stakeholders that, in many
areas, women do not inherit property where there are male children in
the family. Widows in most cultural settings are not allowed to inherit the
properties of their husbands, as male relatives of the deceased take over
the estate of the deceased, often failing to look after the interests of the
widow or children of the deceased.
359.
Some traditional practices were identified by stakeholders as being harmful,
as they involve acts that violate the physical integrity of women’s bodies.
FGM is still commonly practised among some ethnic groups as a matter
of religious duty or traditional rite of passage. There have been concerted
efforts and campaigns by the Ministry of Health at the federal and state
level and by NGOs to raise awareness concerning the problem of FGM,
and this practice has been criminalised. Tribal marks and scarification
that were commonly practised in the past are dying out.
360.
Polygamy in Nigeria is practised in terms of religious and customary
norms. It has been criticised for not upholding the rights of men and
women to equality in marriage, for example with regard to inheritance.
In addition, the inability of women to negotiate safe sexual practices in
some polygamous unions tends to aggravate the spread of the Human
Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome
(AIDS).
361.
In many regions, and especially at grass-roots level, there is an absence
of adequate antenatal services that would help to check the HIV status